Hicks v. RichardAnnotate this Case
Damian Richard appealed an order denying in part his special motion to strike Alan Hicks's complaint for defamation and intentional infliction of emotional distress. Hicks was a principal of a Catholic elementary and middle school; Richard was the husband of one the school's teachers and a parent of children who attended the school. The complaint arose from Richard's role in prompting the Diocese of San Diego (Diocese) to remove Hicks from his school principal position. According to Richard, Hicks asked Richard to serve on the school's advisory board. At an advisory board meeting in the fall of the 2015-2016 school year, Hicks informed the advisory board he wanted to allow the producers of a television show to film the show on the school's campus. Richard expressed his belief the school should not be affiliated with the show because the show was intended for mature audiences due to its sexual nature and conduct. At a fundraiser in the spring of that same school year, Hicks revisited the topic with Richard. During their discussion, Hicks said he had previously permitted a motorcycle dealership to use the school's campus for a photoshoot and had received complaints because of the pornographic nature of the photographs taken. Later in the summer, Hicks asked Richard to serve as the chair of the advisory board for the 2016-2017 school year and Richard accepted the post. In that role and during that school year, Richard received complaints from parents, teachers, and other board members about Hicks. The complaints included concerns about Hicks's poor leadership, mismanagement of the school, frequent inappropriate comments to and about students and female staff, and advocacy for a curriculum Richard and other parents did not believe was in the best interest of the students or the school. In the winter of the 2016-2017 school year, the advisory board investigated complaints, which were corroborated by employees and parents. Richard and the other parents then sent a letter to the bishop of the Diocese. Richard contended the Court of Appeal had to reverse that part of the trial court's order denying his anti-SLAPP motion because, among other reasons, the court erred in deciding the common interest privilege did not apply to bar Hicks's claims. The Court agreed with this contention, and reversed. The matter was remanded back to the trial court with directions to vacate the order, to enter a new order granting the motion and striking Hicks's complaint, and to determine the amount of attorney fees and costs to award Richard under California Code of Civil Procedure section 425.16(c)(1).